TITLE 42

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL (RCRA 1976)

Sec. 6901. Congressional findings

(a) Solid waste
The Congress finds with respect to solid waste -

(1) that the continuing technological progress and improvement in methods of manufacture, pckaging, and marketing of consumer
products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet
our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together
with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste
materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of
solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth
above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and
application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.

(b) Environment and health
The Congress finds with respect to the environment and health, that -

(1) although land is too valuable a national resource to be needlessly polluted by discarded materials, most solid waste is disposed of on land in open dumps and sanitary landfills;
(2) disposal of solid waste and hazardous waste in or on the land without careful planning and management can present a danger to human health and the environment;
(3) as a result of the Clean Air Act (42 U.S.C. 7401 et seq.), the Water Pollution Control Act (33 U.S.C. 1251 et seq.), and other Federal and State laws respecting public health and the
environment, greater amounts of solid waste (in the form of sludge and other pollution treatment residues) have been created. Similarly, inadequate and environmentally unsound
practices for the disposal or use of solid waste have created greater amounts of air and water pollution and other problems for the environment and for health;
(4) open dumping is particularly harmful to health, contaminates drinking water from underground and surface supplies, and pollutes the air and the land;
(5) the placement of inadequate controls on hazardous waste management will result in substantial risks to human health and the environment;
(6) if hazardous waste management is improperly performed in the first instance, corrective action is likely to be expensive, complex, and time consuming;
(7) certain classes of land disposal facilities are not capable of assuring long-term containment of certain hazardous wastes, and to avoid substantial risk to human health and the
environment, reliance on land disposal should be minimized or eliminated, and land disposal, particularly landfill and surface impoundment, should be the least favored method for managing
hazardous wastes; and
(8) alternatives to existing methods of land disposal must be developed since many of the cities in the United States will be
running out of suitable solid waste disposal sites within five years unless immediate action is taken.

(1) millions of tons of recoverable material which could be used are needlessly buried each year;
(2) methods are available to separate usable materials from solid waste; and
(3) the recovery and conservation of such materials can reduce the dependence of the United States on foreign resources and reduce the deficit in its balance of payments.

(d) Energy
The Congress finds with respect to energy, that -

(1) solid waste represents a potential source of solid fuel, oil, or gas that can be converted into energy;
(2) the need exists to develop alternative energy sources for public and private consumption in order to reduce our dependence on such sources as petroleum products, natural gas, nuclear and
hydroelectric generation; and (3) technology exists to produce usable energy from solid
waste.

Sec. 6902. Objectives and national policy

(a) Objectives
The objectives of this chapter are to promote the protection of health and the environment and to conserve valuable material and energy resources by -

(1) providing technical and financial assistance to State and local governments and interstate agencies for the development of solid waste management plans (including resource recovery and
resource conservation systems) which will promote improved solid waste management techniques (including more effective organizational arrangements), new and improved methods of
collection, separation, and recovery of solid waste, and the environmentally safe disposal of nonrecoverable residues;
(2) providing training grants in occupations involving the design, operation, and maintenance of solid waste disposal systems;
(3) prohibiting future open dumping on the land and requiring the conversion of existing open dumps to facilities which do not pose a danger to the environment or to health;
(4) assuring that hazardous waste management practices are conducted in a manner which protects human health and the environment;
(5) requiring that hazardous waste be properly managed in the first instance thereby reducing the need for corrective action at a future date;
(6) minimizing the generation of hazardous waste and the land disposal of hazardous waste by encouraging process substitution, materials recovery, properly conducted recycling and reuse, and treatment;
(7) establishing a viable Federal-State partnership to carry out the purposes of this chapter and insuring that the Administrator will, in carrying out the provisions of subchapter
III of this chapter, give a high priority to assisting and cooperating with States in obtaining full authorization of State
programs under subchapter III of this chapter;
(8) providing for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal
practices and systems;
(9) promoting a national research and development program for improved solid waste management and resource conservation techniques, more effective organizational arrangements, and new and improved methods of collection, separation, and recovery, and recycling of solid wastes and environmentally safe disposal of nonrecoverable residues;
(10) promoting the demonstration, construction, and application of solid waste management, resource recovery, and resource conservation systems which preserve and enhance the quality of
air, water, and land resources; and
(11) establishing a cooperative effort among the Federal, State, and local governments and private enterprise in order to recover valuable materials and energy from solid waste.

(b) National policy
The Congress hereby declares it to be the national policy of the United States that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment.

Sec. 6907. Solid waste management information and guidelines

(a) Guidelines
Within one year of October 21, 1976, and from time to time thereafter, the Administrator shall, in cooperation with appropriate Federal, State, municipal, and intermunicipal agencies, and in consultation with other interested persons, and after public hearings, develop and publish suggested guidelines for solid waste management. Such suggested guidelines shall -

(1) provide a technical and economic description of the level of performance that can be attained by various available solid waste management practices (including operating practices) which
provide for the protection of public health and the environment;
(2) not later than two years after October 21, 1976, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for (A) protection of
public health and welfare; (B) protection of the quality of ground waters and surface waters from leachates; (C) protection of the quality of surface waters from runoff through compliance
with effluent limitations under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.); (D) protection of ambient air quality through compliance with new source performance standards or requirements of air quality
implementation plans under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.); (E) disease and vector control; (F) safety; and (G) esthetics; and
(3) provide minimum criteria to be used by the States to define those solid waste management practices which constitute the open dumping of solid waste or hazardous waste and are to be
prohibited under subchapter IV of this chapter. Where appropriate, such suggested guidelines also shall include minimum information for use in deciding the adequate location, design, and construction of facilities associated with solid waste management practices, including the consideration of regional, geographic, demographic, and climatic factors.

(b) Notice
The Administrator shall notify the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a reasonable time before publishing any suggested guidelines or proposed regulations under this chapter of the content of such proposed suggested guidelines or proposed regulations under this chapter.

Sec. 6941. Objectives of subchapter

The objectives of this subchapter are to assist in developing and encouraging methods for the disposal of solid waste which are environmentally sound and which maximize the utilization of valuable resources including energy and materials which are recoverable from solid waste and to encourage resource conservation. Such objectives are to be accomplished through Federal technical and financial assistance to States or regional authorities for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State, and local governments and private industry. In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs, including those needs created by thorough implementation of section 6962(h) of this title, of the recycling and resource recovery interest within the area encompassed by the planning process.

Sec. 6941a. Energy and materials conservation and recovery; Congressional findings

The Congress finds that -

(1) significant savings could be realized by conserving materials in order to reduce the volume or quantity of material which ultimately becomes waste;

(2) solid waste contains valuable energy and material resources which can be recovered and used thereby conserving increasingly scarce and expensive fossil fuels and virgin materials;

(3) the recovery of energy and materials from municipal waste, and the conservation of energy and materials contributing to such waste streams, can have the effect of reducing the volume of the municipal waste stream and the burden of disposing of increasing
volumes of solid waste;

(4) the technology to conserve resources exists and is commercially feasible to apply;

(5) the technology to recover energy and materials from solid waste is of demonstrated commercial feasibility; and
(6) various communities throughout the nation have different needs and different potentials for conserving resources and for utilizing techniques for the recovery of energy and materials from waste, and Federal assistance in planning and implementing
such energy and materials conservation and recovery programs should be available to all such communities on an equitable basis in relation to their needs and potential.